[HISTORY: Adopted by the Township Committee of the Township of Barnegat 3-6-2018 by Ord. No. 2018-06. Amendments noted where applicable.]
[Amended 5-7-2019 by Ord. No. 2019-10; 10-1-2024 by Ord. No. 2024-23]
ANIMAL CARE FACILITY
An animal control center or animal shelter, maintained by or under contract with any state, county or municipality, whose mission and practice is, in whole, or significant part, the rescue and placement of animals in permanent homes.
ANIMAL IMPORTER
Means a person who brings any cat or dog into Barnegat Township from any other state or sovereign entity for the purpose of offering the cat or dog for sale, adoption, or transfer in exchange for any fee, sale, voluntary contribution, service, or other consideration. Animal importer includes any commercial or nonprofit animal rescue, adoption, or humane relocation or delivery organization that is not otherwise required to be licensed by the New Jersey Department of Health.
BREEDER
A person who keeps houses or maintains dogs or cats for the purpose of breeding and selling their offspring.
BROKER
Shall mean any person, firm, corporation, or organization who sells a cate or dog to a pet shop, whether or not the broker is also the breeder of the cat or dog.
CAT
A member of a species of domestic cat, Felis catus.
DOG
A member of a species of domestic dog, Canis familiaris.
OFFER FOR SALE
Means to sell offer for sale or adoption, advertise for the sale of, barter, auction, give away or otherwise dispose of a dog or cat.
PET DEALER
Any individual or establishment maintaining, owning, or operating an animal facility or engaging in the sale of animals to the public in a store or through the internet, including a breeder, dealer, or pet shop. Pet dealers may only sell out of their homes if those dogs or cats were also bred and raised on the premises.
PET SHOP
A retail establishment where dogs and cats are sold, exchanged, bartered or offered for sale as pet animals to the general public at retail. Such definition shall not include an animal care facility or animal rescue organization, as defined.
POUND
Shall mean an establishment for the confinement of dogs or other animals seized either under the provisions of N.J.S.A. 19-15.1 et seq. or otherwise.
RESCUE ORGANIZATION
A not-for-profit organization that has tax-exempt status under Section 501(c)(3) of the United States Internal Revenue Code whose mission and practice is the rescue and rehoming of homeless or abandoned dogs and cats and the placement of those dogs or cats in permanent homes.
[Amended 10-1-2024 by Ord. No. 2024-23]
A. 
No pet shops or pet shop owners, shall sell, offer for sale, barter, auction, breed or otherwise dispose of dogs and cats in Barnegat Township that were obtained from any breeder or broker who:
(1) 
Is not in compliance with the requirements concerning the maintenance and care of animals and the sanitary operation of kennels, pet shops, shelters and pounds established in rules and regulations adopted pursuant to section 14 of P.L. 1941, c. 151 (N.J.S.A. 4:19-15.14) at the time of purchase of the animal by the pet shop;
(2) 
Is not in possession of a current license issued by the USDA pursuant to 9 C.F.R. s.1.1 et seq.;
(3) 
Is not in possession of all other licenses required for a breeder or broker by the state in which the breeder or broker is located;
(4) 
Has been cited on a USDA inspection report for a direct violation of the federal "Animal Welfare Act," 7 U.S.C. s.2131 et seq., or the corresponding federal animal welfare regulations at 9 C.F.R. s.1.1 et seq., during the two-year period prior to the purchase of the animal by the pet shop;
(5) 
Has been cited on a USDA inspection report during the two-year period prior to the purchase of the animal by the pet shop for three or more indirect violations of the federal "Animal Welfare Act," 7 U.S.C. s.2131 et seq., or the corresponding federal animal welfare regulations at sections 2.4, 2.40, 2.50 through 2.55, 2.60, 2.75 through 2.80, 2.130 through 2.132, 3.1 through 3.19, or 3.125 through 3.142 of Title 9 of the Code of Federal Regulations;
(6) 
Is cited on the two most recent USDA inspection reports prior to the purchase of the animal by the pet shop for no-access violations pursuant to enforcement of the federal "Animal Welfare Act," 7 U.S.C. s.2131 et seq., or the corresponding federal animal welfare regulations at 9 C.F.R. s.1.1 et seq.; or
(7) 
Directly or indirectly obtained the animal from a breeder, broker, or other person, firm, corporation, or organization to whom Subsection A(1), (2), (3), (4), (5), or (6) of this subsection applies.
B. 
Every cat or dog brought into Barnegat Township for the purpose of sale, adoption, barter, exchange, or transfer by pet shops, kennels, pounds, rescue organizations, or shelters shall be accompanied with an animal history and health certificate certified by a licensed New Jersey veterinarian and providing the following information:
(1) 
The name, address, and other contact information of the breeder of the cat or dog, if known;
(2) 
The origin of the cat or dog, the animal's date of birth, and, if the date of birth is not known;
(3) 
The animal's approximate age as estimated by a licensed veterinarian; and
(4) 
Any illnesses identified in the cat or dog, any treatments, medications, or vaccinations received, and a list of the treatments, medications, and vaccinations received, the dates of administration thereof, and the illnesses identified in the cat or dog and the date on which the illness was identified.
C. 
No cat or dog shall be brought into Barnegat Township for the purpose of sale, adoption, barter, exchange, or transfer unless the animal importer is licensed by the United States Department of Agriculture as a Class B Dealer.
D. 
No pet shops or pet shop owners, pounds, kennels, animal care facility, animal rescue organizations, or shelters may bring a cat or dog into Barnegat Township for the purpose of sale, adoption, barter, exchange, or transfer without the animal history and health certificate required pursuant this section. The animal history and health certificate shall accompany the cat or dog until the end of the animal's life.
E. 
No pet shop, pet shop owner, kennel or kennel operator, animal care facility, or animal rescue organization may sell, offer for sale, barter, auction, adopt, breed or otherwise dispose of dogs and cats in Barnegat Township that are younger than eight weeks old.
F. 
Nothing contained herein shall prohibit a pet shop, animal care facility, animal rescue organization, shelter, pound or other establishment from keeping, displaying, selling, or otherwise transferring any dog, cat or both, that has been seized, surrendered or donated; provided that no animal rescue organization, shelter or pound may obtain cats or dogs from any animal importer, breeder, broker, other individual for payment or other compensation.
G. 
Nothing contained herein shall prohibit a breeder who owns four or fewer breeding age females and who is not eligible for licensure by the United States Department of Agriculture from offering for sale a dog or cat; provided that the breeder provides an animal history and health certificate to the individual receiving the animal.
H. 
All pet shops, shelters, kennels, pounds animal care facilities, and animal rescue organizations shall be subject to inspection by the proper officer of Barnegat Township to ensure compliance with this section.
[Added 5-7-2019 by Ord. No. 2019-10]
An animal rescue organization operating in the Township must be a not-for-profit organization that has tax-exempt status under Section 501(c)(3) of the United States Internal Revenue Code whose mission and practice is the rescue of homeless or abandoned dogs and cats and the placement of those dogs or cats in permanent homes. An animal rescue organization may not breed dogs or cats, obtain dogs or cats from a breeder or broker in exchange for payment or compensation, or resell dogs or cats obtained from a breeder or broker and provide compensation to such breeder or broker. An animal rescue organization must keep a record of each dog or cat offered for adoption that must include the name and address of the person or entity whom the dog or cat was obtained from. All puppies and kittens offered for adoption by a rescue organization operating within the Township must provide proof of spayed or neutered certification by a licensed veterinarian prior to being released for adoption. Such records must be kept on file for two years and made available to the Township, or a representative of the Township, upon request.
[Added 5-7-2019 by Ord. No. 2019-10]
Any person violating or failing to comply with any other provision of this chapter shall, upon conviction thereof, be punishable by a fine not less than $100 and not more than $500, by imprisonment not to exceed 90 days, or by community service of not more than 90 days, or any combination of fine, imprisonment and community service, as determined in the discretion of the Municipal Court Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.